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Massachusetts college students and their parents should consider setting up a Health Care Proxy to protect an adult child in a medical emergency. As your child heads off to college, you may be focused on dorm move-in, tuition, textbooks, and making sure they have everything they need. But if your son or daughter is 18 or older, another important item to consider before they leave home is a Massachusetts Health Care Proxy.
Turning 18 means your child is legally an adult. Even if you continue to provide financial support, pay for their health insurance, or help with their college expenses, your legal authority as a parent changes. If your adult child becomes seriously ill or is injured and cannot make their own medical decisions, you may not automatically have the authority to make those decisions for them.
That is why a Health Care Proxy can be an important part of preparing a college student for adulthood.
What Is a Health Care Proxy?
A Health Care Proxy is a legal document that allows an adult to appoint someone they trust as their Health Care Agent. If the person becomes unable to make or communicate their own health care decisions, the agent can make those decisions on their behalf.
Massachusetts General Laws Chapter 201D provides the legal framework for Health Care Proxies. Massachusetts allows a competent adult who is at least 18 years old to appoint a Health Care Agent.
For parents, this can be especially important when a child is away at college. An accident or sudden illness can happen anywhere. If your student is attending school several hours away or in another state, you may find yourself trying to help from a distance while your child is receiving medical treatment.
Having a Health Care Proxy in place can clearly designate who your child wants making health care decisions if they cannot make those decisions themselves.
Why Is This Important After Your Child Turns 18?
Before a child turns 18, parents generally have significant legal authority to make medical decisions for their minor child. After the child becomes an adult, that relationship changes.
Your 18-year-old may still be your child, but legally they are now an adult with their own rights concerning medical care and health information. For example, a helpful guide from the State of Massachusetts explains that parents may not automatically have access to their adult child’s medical information simply because they are the parent.
A Health Care Proxy addresses one important part of this transition by allowing your child to decide in advance who should act as their Health Care Agent.
Your Child Gets to Choose
A Health Care Proxy isn’t about parents taking control away from their adult children. In fact, it does the opposite: the student makes the choice.
Your child can select a person they trust to serve as their Health Care Agent. That person could be a parent, another family member, or another trusted adult.
Parents and students should also have a conversation about the student’s wishes. The conversation may include questions like:
- Which types of medical decisions would the student want made on their behalf?
- Who do they trust to advocate for them?
- Do they want life-saving measures performed in an emergency, and if so, what kind?
- Are they an organ donor, or do they want to register as one?
Discussing these questions before an emergency occurs can help ensure that the person designated as Health Care Agent understands the student’s wishes.
Massachusetts’ Department of Public Health provides information about Health Care Proxies. It encourages adults to consider designating someone to make health care decisions for them if they become unable to do so.
Don’t Wait Until Your Student Leaves for College
The beginning of the school year is a natural time to discuss your adult child’s legal documents. A Health Care Proxy shouldn’t be considered only after someone becomes sick. It’s a planning document designed for an unexpected situation.
Taking care of it before your student leaves can give everyone greater peace of mind. It also gives your child an opportunity to think carefully about who they trust and what they want.
A Massachusetts estate planning attorney can explain the Health Care Proxy process, answer questions about your student’s circumstances, and help make sure the appropriate documents are properly prepared.
Frequently Asked Questions
Does my 18-year-old really need a Health Care Proxy if they are healthy?
A Health Care Proxy is not limited to people who are sick. Massachusetts allows competent adults age 18 and older to appoint a Health Care Agent. Having the document prepared before an emergency can help ensure that your student’s wishes are addressed and that the person they trust can step in when necessary.
Can I automatically make medical decisions for my child after they turn 18?
Not necessarily. Once your child becomes an adult, they have their own rights concerning medical care and health information. A Health Care Proxy allows your child to designate the person they want to make health care decisions if they become unable to make or communicate those decisions themselves.
Talk With a Massachusetts Estate Planning Attorney
If your child is 18 or older and heading to college, now is a good time to discuss whether a Massachusetts Health Care Proxy should be part of their estate planning. Attorney Patricia Bloom-McDonald can help your family understand Massachusetts requirements and prepare appropriate documents for your student’s circumstances.
Call our Westport office or visit our website to schedule a consultation with our team. We look forward to speaking with you.